2015 ORS § 540.541¹

Delivery and use of water under exchange

(1) Any water made available to a person under an exchange shall be delivered in accordance with the order allowing the exchange. The use of water under an exchange is without prejudice to, but shall be considered use and enjoyment of, the permitted, certificated or decreed right held by that water user at the time the exchange was approved.

(2) The use of water under a permit may be perfected by application of exchange water to the use specified in that permit. Upon receipt of proof satisfactory to the Water Resources Commission that water has been used under the exchange for the purposes of and within the limitations of the permit, the commission shall issue a certificate of the same character as that described in ORS 539.140 (Water right certificates). The certificate shall incorporate the source, conditions and priority of the permit existing at the time the exchange was approved.

(3) If regulation by the watermaster is required, after implementation of the exchange, water shall be delivered in accordance with the terms and conditions of the order allowing the exchange. [1987 c.815 §6]

Notes of Decisions

These sec­tions provide that wa­ter right owner shall not change point of diversion unless he files applica­tion and complies with statutory pro­ce­dures. Huff v. Bretz, 285 Or 507, 592 P2d 204 (1979)

Atty. Gen. Opinions

Right of downstream owners of appropriative wa­ter rights to continua­tion of the flow, (1973) Vol 36, p 318; applica­tion of wa­ter outside irriga­tion season or for use not authorized by permit, (1977) Vol 38, p 1045

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